Cultural, linguistic and procedural barriers to access to justice in immigration and asylum tribunals

Snapshot:

• Language and cultural barriers are undermining access to justice in immigration and asylum tribunals.
• Interpretation errors and misunderstandings do affect evidence, credibility and case outcomes.
• Applicants without legal representation face the greatest disadvantage in navigating a complex system.
• PLP is calling for stronger interpretation services, cultural awareness and procedural support to make justice genuinely accessible.

Access to justice depends on more than having a right to a hearing. People must be able to understand proceedings, communicate their experiences, present evidence, and participate effectively in decisions that may profoundly affect their lives. When language barriers, cultural misunderstandings, or procedural obstacles prevent this from happening, the fairness and accuracy of legal decision-making can be undermined. 

In a new report by PLP, Cultural, Linguistic and Procedural Barriers to Access to Justice in Immigration and Asylum Tribunals – Report 1: Language, Evidence and Procedure, Selbi Durdiyeva examines how these challenges affect people navigating the immigration and asylum system and what can be done to address them. 

Drawing on an analysis of 271 Upper Tribunal (Immigration and Asylum Chamber) decisions issued over the past two years, alongside hearing observations and interviews with legal representatives, interpreters and intermediaries, the report explores how procedural fairness operates in practice. 

The findings show that interpretation and translation are often treated as administrative services rather than essential components of fair proceedings. Yet tribunal decisions demonstrate that misunderstandings, translation errors and failures to account for linguistic differences can influence credibility assessments and, ultimately, case outcomes. 

The report also highlights the importance of cultural and contextual understanding when assessing evidence. Immigration and asylum claims frequently require decision-makers to engage with unfamiliar political, social, religious and administrative contexts. Tribunal decisions reveal that misunderstandings of these contexts can contribute to procedural errors and undermine confidence in decision-making. 

The research further demonstrates that effective participation is closely linked to access to quality legal representation. Applicants who are unrepresented, or who receive inadequate legal support, face significant disadvantages in navigating a complex legal system, particularly where language and cultural barriers are also present. 

While the report identifies many examples of careful and conscientious decision-making, it argues that procedural fairness cannot be achieved through legal safeguards alone. Fairness also depends on the practical conditions that enable people to participate meaningfully in proceedings, including high-quality interpretation, careful engagement with evidence, cultural awareness and adequate support structures. 

PLP recommends that strengthening linguistic, cultural and procedural sensitivity is not only important for protecting individual rights but also for improving the overall functioning of the immigration and asylum system. Its recommendations, directed at the Ministry of Justice, HM Courts & Tribunals Service, the Judicial College and the Home Office, focus on improving guidance, training, interpretation services and support for applicants to help ensure that justice is both accessible and effective in practice. 

This is the first of two reports on the importance of cultural awareness and understanding in immigration and asylum tribunals. The second report focuses on family and private life, LGBTQ+ identity, and trauma, mental health and vulnerability. 

Read the report here.